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(12 Posts)
Mothercathy1973 Tue 22-Jan-13 22:40:52

My partners ex is pursuing him through csa. She refusea access.. she refused to put my partners name on,birth certificate. She has since married and her husband has adopted my partnera son without permission. My partner pays maintainance to His two other children.. can csa Chase him. ,help

RedHelenB Sat 26-Jan-13 11:05:07

yes if it's his child. he is entitled to as DNA test though if there is some doubt.

prh47bridge Sat 26-Jan-13 11:16:06

The last poster is wrong. As the child has been adopted your partner no longer has any responsibility. The CSA can chase for maintenance arrears up to the date of adoption but he is not liable for any maintenance after that.

MerryCouthyMows Sat 26-Jan-13 12:26:09

Prh47bridge is correct. It was something I looked into legally when my partner at the time (now another Ex) was looking to adopt my DD.

Maintenance from the biological father is due right up until the date of adoption, but no maintenance will be due from that point.

RedHelenB Sat 26-Jan-13 12:28:15

Is your partner not bothered about seeing his child then?

mumblechum1 Sat 26-Jan-13 15:23:09

RedHelenB, are you a lawyer? Hope you don't mind me asking but I see you answering a lot of threads in Legal, some of your advice is dodgy to say the least!

RedHelenB Sat 26-Jan-13 15:46:31

I missed the bit in the criteria where only qualified lawyers could reply?

mumblechum1 Sat 26-Jan-13 15:52:06

Thing is, RedHelen, if you are answering technical questions, it's kind of helpful to give the correct answer.

RedHelenB Sat 26-Jan-13 16:55:42

Yes but the TECHNICAL yes or no would be given by the CSA. Confused as to how the father knows that the child is legally afopted tbh - it's a long process & usually SW's would want to be sure about the father & if he wants to be involved etc. f he wants to see the child there is more than one way to skin a cat.

ChocHobNob Mon 28-Jan-13 14:38:23

RedHelen, if the child has been adopted, it doesn't matter whether the OPs partner wants contact now (not that that has anything to do with this thread anyway as it wasn't the question). He cannot have it as the Mother and adopted father would argue that it wouldn't be in the best interests of the child.

And the Mother cannot apply for maintenance from the biological father if her new partner has adopted the child. Her new partner has taken on all financial responsibility for the child and taken that away from the biological father.

Mothercathy, it would be interesting to see if the child was actually adopted. Maybe they didn't go through with it or the new partner just gained Parental Responsibility. If the child was adopted, the CSA cannot chase your partner for maintenance.

RedHelenB Mon 28-Jan-13 19:27:17

But the CHILD might want to know who it's real dad is, in fact almost certainly they would want to know.And he could go to court if he had been kept in the dark about the adoption & could prove he was trying to get contact. Personally i would be surprised if an adoption had actually taken place given how keen he seems to be to see his child according to OP.

prh47bridge Mon 28-Jan-13 20:51:24

Nonetheless, if the child has been adopted the question as to whether or not the OP's husband is liable for maintenance, which is what the OP wanted to know, is a straightforward legal question. We do not need to ask the CSA for an answer as you seem to suggest.

If the child has not been adopted then of course he remains liable for maintenance.

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